Loading...
2002-03-25 CITY COUNCIL REGULAR MEETING MINUTESMINUTES - REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON MARCH 25, 2002, AT 7:30 P.M., IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS. The meeting was called to order with the following present: Mayor Mayor Pro -Tem Councilmember Councilmember Councilmember City Manager City Attorney City Secretary Absent: Councilmember Larry Wilkins Tom Reid Larry Marcott Richard Tetens Woody Owens Klaus Seeger Bill Eisen Darrin Coker Young Lorfing Others in attendance: Deputy City Manager Alan Mueller; Executive Director of Community Services Tobin Maples; City Engineer John Hargrove; Community Relations Liaison Phibi Vassallo; Director of Community Development & Services Gene Tumlinson; Parks and Recreation Director Ed Hersh; Public Works Director Jerry Burns; Assistant City Attorney Nghiem Doan; Police Lieutenant Ron Fraser. The invocation was given by City Manager, Bill Eisen, and the Pledge of Allegiance was led by Police Lieutenant Ron Fraser. MAYOR'S ACTIVITY REPORT Mayor Reid presented a proclamation to representatives of Project Graduation including Jack and Sandy Sawyer, Sandra Mooney, Amber Holland, Brandi Sawyer, Brandy Woods and Courtney Blythe proclaiming May 24, 2002 as "Project Graduation Day". Mayor Reid read a proclamation proclaiming the month of April 2002 as "Fair Housing Month". He stated he would like to urge all officials, public and private, organizations, and others to join activities designed to further Fair Housing objectives. Mayor Reid introduced Billye Everett who is President of the Pearland/Hobby Chamber of Commerce who presented a painting by a local artist of the Pearland Depot, which is Pearland's oldest building built in 1894. The Depot closed in 1972 and is now occupied by the Pearland/Hobby Chamber of Commerce. It does belong to the citizens of Pearland and stated that it is the hope that soon it will be a museum for the community. She further stated that she would like to present the painting to the Council and the citizens of Pearland to hang somewhere in City Hall. Page 1 of 19 — 3/25/2002 Mayor Reid introduced Donna Berry with Southeast Texas Flood Recovery Project who notified citizens that through a grant received from FEMA for Tropical Storm Allison victims and those affected by the flood her organization is available to help. The Southeast Texas Flood Recovery Project and FEMA want to let citizens know that they have not been forgotten. The Southeast Texas Flood Recovery Project agency will be available until the month of August to meet the needs of citizens through support and counseling. She stated that FEMA wanted them to notify citizens that there are still funds available to meet those unmet needs. She would like to have a day to commemorate the "unsung heroes" who helped people after the Tropical Storm Allison flood. Mayor Reid reported on March 13 he attended the Adult Reading Board Meeting; March 14 attended a ribbon cutting for Robert & Fail, Attorneys, and spoke to American Business Women's Association; March 15 attended the Surface Water Planning Group Meeting; March 16 attended the Spencer Lodge Breakfast and the Girl Scout Parade and Festival; March 18 attended a Council Workshop; March 19 attended the HGAC Board of Directors Meeting and a meeting with Col. Leonard Waterworth, District Engineer with the Corp of Engineers, regarding Pearland Parkway Bridge.; March 20 spoke to the 3rd Grade Class at Shadycrest Elementary, attended a meeting with Athletic Director of the University of Houston, Dan Olsen, and attended the Brazoria County Cities Association Monthly Meeting; March 21 attended the Chamber Leadership Council Meeting, a Chamber Ribbon Cutting, the Gulf Coast Water Authority Board Meeting, the Pearland Neighborhood Center Planning Group Meeting, spoke to the Briar Glen Civic Club and attended the Shadycrest Civic Club Candidate Night; March 22 attended the Transportation Policy Council Board Meeting and the HGAC Annual Meeting and Banquet; March 23 attended the Lady Oiler Basketball Banquet and Awards; March 25 attended a meeting with Water Control Improvement District#2 and Ft. Bend County regarding surface water. COUNCIL ACTIVITY REPORTS Councilmember Tetens stated on March 20 he attended the Brazoria County Cities Association Meeting in Freeport, March 21 attended a Leadership Council meeting, and March 22 attended the Houston -Galveston Area Council Annual Banquet. Councilmember Owens passed on giving a report. Mayor Pro -Tem Marcott stated on March 20 he attended the Brazoria County Cities Association Meeting in Freeport and March 22 attended the Houston -Galveston Area Council Annual Banquet where the Mayor was recognized for his past duties as President of the local HGAC. Councilmember Seeger passed on giving a report. CITY MANAGER'S REPORT Page 2 of 19 — 3/25/2002 City Manager, Bill Eisen, stated on March 25 he attended a meeting with Water Control Improvement District#2 and Ft. Bend County. The purpose of this meeting was to discuss the importance of a surface water treatment plant that would serve Pearland, Missouri City, Sugarland, and other communities. This is important as Pearland continues to grow to make sure there is an adequate water supply to meet needs in the future and also that the City has the opportunity to obtain surface water. He stated he met with Col. Leonard Waterworth, District Engineer with the Corp of Engineers, regarding the wetlands permit for Pearland Parkway. Col. Waterworth indicated there will be a final determination on the wetlands permit in less than 90 days. Improvements on railroad crossings in Pearland will begin next week. The Broadway Street improvements were funded by the Texas Department of Transportation. CITIZENS Joseph Zvanut, 2905 Yorkshire, addressed Council regarding the size of the City as it pertains to annexations. He gave a brief presentation on the City's policy for annexation. DOCKETED PUBLIC HEARING: None CONSENT AGENDA: I— A. CONSIDERATION AND POSSIBLE ACTION - APPROVAL OF MINUTES: 1. Minutes of the February 18, 2002 Joint Public Hearing held at 6:30 p.m. 2. Minutes of the March 4, 2002 Joint Public Hearing held at 6:30 p.m. 3. Minutes of the March 11, 2002, Regular Council Meeting held at 7:30 p.m. B. CONSIDERATION AND POSSIBLE ACTION - EXCUSE ABSENCE OF MAYOR PRO -TEM LARRY MARCOTT FROM THE REGULAR COUNCIL MEETING HELD ON MARCH 11, 2002. City Council. C. CONSIDERATION AND POSSIBLE ACTION - EXCUSE ABSENCE OF COUNCILMEMBER KLAUS SEEGER FROM THE REGULAR COUNCIL MEETING HELD ON MARCH 11, 2002. City Council. D. CONSIDERATION AND POSSIBLE ACTION - SUBDIVISION ACCEPTANCE OF SHADOW CREEK RANCH KIRBY DRIVE. Mr. John Hargrove, City Engineer. E. CONSIDERATION AND POSSIBLE ACTION - SUBDIVISION ACCEPTANCE OF SHADOW CREEK RANCH LAKES AND CHANNELS. Page 3 of 19 – 3/25/2002 Mr. John Hargrove, City Engineer. F. CONSIDERATION AND POSSIBLE ACTION - SUBDIVISION ACCEPTANCE OF SHADOW CREEK RANCH SF -8A. Mr. John Hargrove, City Engineer. G. CONSIDERATION AND POSSIBLE ACTION - SUBDIVISION ACCEPTANCE OF SHADOW CREEK RANCH SF -813. Mr. John Hargrove, City Engineer. H. CONSIDERATION AND POSSIBLE ACTION - SUBDIVISION ACCEPTANCE OF SHADOW CREEK RANCH SF -3. Mr. John Hargrove, City Engineer. 1. CONSIDERATION AND POSSIBLE ACTION - SUBDIVISION ACCEPTANCE OF SHADOW CREEK RANCH VILLAGE 1 PHASE 1 B. Mr. John Hargrove, City Engineer. J. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 509-H - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND (ORDINANCE NO. 509), AS IT MAY HAVE BEEN, FROM TIME TO TIME, AMENDED, BY ADDING NEW SUBSECTIONS TO REGULATE LAND USE WITHIN THE CITY LIMITS OF PEARLAND; PROVIDING A PENALTY FOR VIOLATION; HAVING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; PROVIDING FOR CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE. Mr. Tobin Maples, Executive Director of Community Services. K. CONSIDERATION AND POSSIBLE ACTION - FIRST AND ONLY READING OF ORDINANCE NO. 1056 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ESTABLISHING STOP SIGNS WITHIN THE CORPORATE LIMITS OF THE CITY OF PEARLAND UPON BAILEY ROAD IN AN EASTERLY DIRECTION AT ITS INTERSECTION WITH VETERANS TOAD, UPON VETERANS ROAD IN A SOUTHERLY DIRECTION AT ITS INTERSECTION WITH BAILEY ROAD, UPON VETERANS ROAD IN A NORTHERLY DIRECTION AT ITS INTERSECTION WITH BAILEY ROAD; PROVIDING A PENALTY FOR VIOLATION; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE, FOR PUBLICATION, AND FOR CODIFICATION; AND DECLARING AN EMERGENCY BECAUSE THE NEED TO ESTABLISH STOP SIGNS AT INTERSECTIONS INURES TO THE BENEFIT OF THE TRAVELING Page 4 of 19 — 3/25/2002 PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY. Mr. Darrin Coker, City Attorney. L. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2002- 55 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR THE PURCHASE OF TWO ALL-PURPOSE TRACTORS. Mr. Gordon Island, Purchasing Officer. M. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2002- 54 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR DEMOLITION SERVICES ASSOCIATED WITH THE FEMA BUY-OUT PROGRAM. Mr. Gordon Island, Purchasing Officer. N. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2002- 52 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, GRANTING A UTILITY EASEMENT TO RELIANT ENERGY, INC., FOR THE PLACEMENT OF ELECTRIC DISTRIBUTION FACILITIES. Mr. Darrin Coker, City Attorney. Councilmember Owens asked that Consent Agenda Item N be removed from the Consent Agenda for further discussion. Councilmember Tetens made the motion, seconded by Councilmember Owens, to adopt Consent Agenda Items A through N, with the exception of item N, as presented on the Consent Agenda. Voting "Aye" Councilmembers Tetens, Owens, Marcott, and Seeger. Voting "No" None. Motion Passed 4 to 0, with Councilmember Wilkins absent. MATTERS REMOVED FROM CONSENT AGENDA As requested by Councilmember Owens, Consent Agenda Item N was removed from.the Consent Agenda for further discussion. N. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2002-52 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, GRANTING A UTILITY EASEMENT TO RELIANT ENERGY, INC., FOR THE .— PLACEMENT OF ELECTRIC DISTRIBUTION FACILITIES. Mr. Damn Coker, City Attorney. Page 5 of 19 — 3/25/2002 Councilmember Tetens made the motion, seconded by Mayor Pro -Tem Marcott, to approve Resolution No. R2002-52. Councilmember Owens asked if this was a full easement. City Attorney, Darrin Coker, stated in the franchise agreement with Reliant Energy with any of their utilities, they have to relocate at their expense on notice by the City within a certain time period. This easement is also for electricity only and no natural gas. Councilmember Owens stated that Reliant Energy has not been responding in a timely matter to street light outages and the report thereof. He further stated that with this timely action by Council to grant this utility easement, he would like equal response from Reliant Energy for street light replacement. Voting "Aye" Councilmembers Seeger, Marcott, Owens, and Tetens. Voting "No" None. Motion Passed 4 to 0, with Councilmember Wilkins absent. NEW BUSINESS FIRST READING OF ORDINANCE NO. 943-6 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING FIGURE 5.1, LAND USE PLAN, OF THE CITY'S COMPREHENSIVE PLAN AS A GUIDE FOR PRESERVING A SENSE OF COMMUNITY, ATTRACTIVENESS AND SAFETY IN PEARLAND; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE AND FOR CODIFICATION. Mr. Tobin Maples, Executive Director of Community Services. Councilmember Seeger made the motion, seconded by Councilmember Tetens, to table Ordinance No. 943-6. Voting "Aye" Councilmembers Seeger, Marcott, Owens, and Tetens. . Voting "No" None. Motion Passed 4 to 0, with Councilmember Wilkins absent. Mayor Reid, with concurrence of Council, moved to New Business Item No. 14. FIRST READING OF ORDINANCE NO. 1057 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING THE ANNEXATION BY Page 6 of 19 — 3/25/2002 �- BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 26 OF ONE TRACT OF LAND TOTALING APPROXIMATELY 700.103 ACRES; AND DECLARING AN EMERGENCY BECAUSE THE NEED TO DETERMINE THE BOUNDARIES OF MUNICIPAL UTILITY DISTRICTS IN THE CITY'S EXTRATERRITORIAL JURISDICTION INURES TO THE BENEFIT OF THE PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY. Mr. Darrin Coker, City Attorney. Mayor Pro -Tem Marcott made the motion, seconded by Councilmember Owens, to approve Ordinance No. 1057 on its first of two readings as amended. City Manager, Bill Eisen, stated the TIRZ agreement reached with the developer of Shadow Creek Ranch gave the City's consent to create up to five Municipal Utility Districts within the confines of the Shadow Creek Ranch development. This item is to add additional property through annexation to MUD No. 26. Gary Cook, 2947 East Broadway, stated he is with Shadow Creek Ranch Development. He further stated that they set the program up, when they originally went to Council and proposed Municipal Utility Districts, to have as many as six, being one for each of the four residential villages and possibly one for each of the two commercial villages. Discussion ensued between Council, City Manager, and City Attorney regarding the �., annexation of this tract of land into Municipal Utility District No. 26. Voting "Aye" Councilmembers Tetens, Owens, Marcott, and Seeger. Voting "No" None. Motion Passed 4 to 0, with Councilmember Wilkins absent. Mayor Reid, with concurrence of Council, moved back to New Business Item No. 2. FIRST READING OF ORDINANCE NO. 509-572 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY AND GRANTING A SPECIFIC USE PERMIT FOR STORAGE AND MINI -WAREHOUSES, ON THE FOLLOWING PROPERTY, BEING LOT 1, BLOCK 1 OLD CHOCOLATE BAYOU SUBDIVISION, BRAZORIA COUNTY, TEXAS (SPECIFIC USE NO. 102) (BROADWAY STREET) FROM CLASSIFICATION COMMERCIAL DISTRICT (C) TO COMMERCIAL DISTRICT - SPECIFIC USE (C(S)) AT THE REQUEST OF OSBORNE AND VANE ARCHITECTS, AGENT FOR JAMES AND DOROTHY MEDEARIS, OWNERS, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Page 7 of 19 — 3/25/2002 Tobin Maples, Executive Director of Community Services. Councilmember Seeger made the motion, seconded by Councilmember Tetens, to approve Ordinance No. 509-572 (Specific Use No.102) on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve Specific Use No.102. City Manager, Bill Eisen, stated the change in zoning will accommodate the expansion of the existing facility. Jason Chapman, 2000 Bering Drive, addressed Council and stated he is with Osborn & Vane Architects and is also representing Bill McLellan with GJR Investments, Inc. He further stated he would like Council to pass this amendment. Brief discussion ensued between Council regarding this zone change. Voting "Aye" Councilmembers Seeger, Marcott, Owens, and Tetens. Voting "No" None. Motion Passed 4 to 0, with Councilmember Wilkins absent. FIRST READING OF ORDINANCE NO. 509-573 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION BEING TRACT 1: 57.231 ACRES, BEING ALL OF TRACTS 41, 42, 55, 56, 57 & 58, ALLISON RICHEY GULF COAST HOME COMPANY. SUBDIVISION, AS RECORDED IN PLAT BOOK 2, PAGE 24, BRAZORIA COUNTY, PLAT RECORDS, H. T. & B. R.R. COMPANY SURVEY, SECTION 20, A-506, BRAZORIA COUNTY, TEXAS TRACT 2: 10 ACRES, MORE OF LESS, BEING LOT 12, ALLISON RICHEY GULF COAST HOME COMPANY SUBDIVISION, SECTION 19, H. T. & B. R.R. COMPANY SURVEY, A-243, BRAZORIA COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT RECORDED IN VOLUME 2, PAGE 23, PLAT RECORDS OF BRAZORIA COUNTY, TEXAS TRACT 3: 20.0737 ACRES, BEING ALL OF LOTS 13, 29 AND THE MOST EASTERLY 80' OF LOT 12, ALLISON RICHEY GULF COAST HOME COMPANY SURVEY, A-243, BRAZORIA COUNTY, TEXAS (APPLICATION NO. 1028) (2426 CULLEN BOULEVARD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL BUSINESS DISTRICT (GB) AT THE REQUEST OF GREYSTON BUILDERS, AGENT FOR HOUSTON MEMORIAL GARDENS, OWNERS, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Tobin Maples, Executive Director of Page 8 of 19 — 3/25/2002 Community Services. Councilmember Tetens made the motion, seconded by Councilmember Owens, .to approve Ordinance No. 509-573 (Application No. 1028) on its first reading. Mayor Reid read into. the record the Planning & Zoning Commission's recommendation to approve Application No. 1028. Voting "Aye" Councilmembers Tetens, Owens, Marcott, and Seeger. Voting "No" None. Motion Passed 4 to 0, with Councilmember Wilkins absent. FIRST READING OF ORDINANCE NO. 509-574 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION BEING 3 ACRES, OUT OF A 12 ACRE TRACT, BEING OUT OF THE SOUTH 99 ACRES OF THE H. T. & B. R.R. COMPANY SURVEY, SECTION 7, A-219, AND RECORDED IN VOLUME 868, PAGE 239, DEED RECORDS OF BRAZORIA COUNTY, TEXAS(APPLICATION NO. 1029) (6301 BROADWAY STREET) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL BUSINESS DISTRICT- PLANNED UNIT DEVELOPMENT(GB-PUD) AT THE REQUEST OF JIMMY VAUGHAN, AGENT FOR JIM MARSH, OWNER, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Tobin Maples, Executive Director of Community Services. Councilmember Owens made the motion, seconded by Councilmember Tetens, to approve Ordinance No. 509-574 (Application No. 1029) on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve Application No. 1029. City Manager, Bill Eisen, stated this would allow the owner to develop a landscape irrigation type business. Jimmy Vaughan, 4303 Sao Paulo, addressed Council and stated he is the owner of Botanical Landscape Designs and would like Council to approve this ordinance. r-. Voting "Aye" Councilmembers Seeger, Marcott, Owens, and Tetens. Page 9 of 19 - 3/25/2002 Voting "No" None. Motion Passed 4 to 0, with Councilmember Wilkins absent. FIRST READING OF ORDINANCE NO. 509-575 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY AND GRANTING A SPECIFIC USE PERMIT FOR A DETENTION POND TO BE BUILT ON THE FOLLOWING PROPERTY, BEING 3.545 ACRES, BEING TRACT 29A AND PART OF LOT 29B, H. T. & B. R.R. COMPANY SURVEY, A-304, BRAZORIA COUNTY, TEXAS (SPECIFIC USE NO. 103) (WOOTEN ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SUBURBAN DEVELOPMENT DISTRICT - SPECIFIC USE (SD -(S)) AT THE REQUEST OF CHAD MOSS OF PROPERTY COMMERCE DEVELOPMENT COMPANY, AGENT FOR WINNIFRED WOOTEN, OWNER, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Tobin Maples, Executive Director of Community Services. Mayor Pro -Tem Marcott made the motion, seconded by Councilmember Owens, to approve Ordinance No. 509-575 (Specific Use No. 103) on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve Specific Use No. 103. City Manager, Bill Eisen, stated this item pertains to construction of detention facilities. Johnny Sims, 6516 Broadway, addressed Council and stated he is with Hardcastle Real Estate and would like Council to approve this ordinance. Councilmember Owens stated he was previously opposed to approving the land use change, however, after further consideration he will consider supporting it. Voting "Aye" Councilmembers Tetens, Owens, Marcott, and Seeger. Voting "No" None. Motion Passed 4 to 0, with Councilmember Wilkins absent. FIRST READING OF ORDINANCE NO. 509-576 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF Page 10 of 19 — 3/25/2002 r CERTAIN REAL PROPERTY AND GRANTING A SPECIFIC USE PERMIT FOR A DETENTION POND ON THE FOLLOWING PROPERTY, BEINGI ACRE, BEING PART OF TRACT 29, H. T. & B. R.R. COMPANY SURVEY, A-304, BRAZORIA COUNTY, TEXAS (SPECIFIC USE NO. 104) (WOOTEN ROAD) FROM CLASSIFICATION_ SUBURBAN DEVELOPMENT DISTRICT .(SD) TO SUBURBAN DEVELOPMENT DISTRICT - SPECIFIC USE (SD -(S)) AT THE REQUEST OF CHAD MOSS OF PROPERTY COMMERCE DEVELOPMENT COMPANY, AGENT FOR WINNIFRED WOOTEN, OWNER, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Tobin Maples, Executive Director of Community Services. Councilmember Seeger made the motion, seconded by Councilmember Tetens, to approve Ordinance No. 509-576 (Specific Use No. 104) on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve Specific Use No. 104. City Manager, Bill Eisen, stated this item is similar to the previous item. Mayor Reid received a speaker request form from Shirley Jernigan, 2007 Wooten Road, and when he called her name to speak, she had left Council Chambers. Voting "Aye" Councilmembers Seeger, Marcott, Owens, and Tetens. Voting "No" None. Motion Passed 4 to 0, with Councilmember Wilkins absent. FIRST READING OF ORDINANCE NO. 509-577 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY AND GRANTING A SPECIFIC USE PERMIT FOR A CHURCH ON THE FOLLOWING PROPERTY, BEING 9.998 ACRES, OUT OF LOTS 105 AND 108, A SUBDIVISION OF A. C. H. & B. R.R. COMPANY SURVEY, SECTION 1, A- 147, BRAZORIA COUNTY, TEXAS (2209 OLD ALVIN ROAD)(SPECIFIC USE NO. 101)(2209 OLD ALVIN ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SUBURBAN DEVELOPMENT DISTRICT - SPECIFIC USE (SD -(S)) AT THE REQUEST OF MONSIGNOR REGINALD R. NESVADBA, AGENT FOR DIOCESE OF GALVESTON-HOUSTON, OWNER, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Tobin Maples, Executive Director of Community Services. Page 11 of 19 — 3/25/2002 Councilmember Tetens made the motion, seconded by Councilmember Owens, to approve Ordinance No. 509-577 (Specific Use No. 101) on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve Specific Use No. 101. Discussion ensued between Council and Staff regarding drainage issues with regard to this zone change. Voting "Aye" Councilmembers Seeger, Marcott, Owens, and Tetens. Voting "Aye" Councilmembers Tetens, Owens, Marcott, and Seeger. Voting "No" None. Motion Passed 4 to 0, with Councilmember Wilkins absent. FIRST READING OF ORDINANCE NO. 509-578 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION BEING LOTS 4, 5 AND 6, BLOCK 3, OF REPLAT OF BUENA VIDA, AN ADDITION IN BRAZORIA COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME 9, PAGE 6, PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 1027)(5722 AND 5734 OCHOA)FROM CLASSIFICATION SUBURBAN DEVELOPMENT (SD) TO SINGLE FAMILY DISTRICT (R-3) AT THE REQUEST OF LORETO MORENO, OWNER, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Tobin Maples, Executive Director of Community Services. Councilmember Owens made the motion, seconded by Councilmember Tetens, to approve Ordinance No. 509-578 (Application No. 1027) on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve Application No. 1027. Voting "Aye" Councilmembers Tetens, Owens, Marcott, and Seeger. Voting "No" None. Motion Passed 4 to 0, with Councilmember Wilkins absent. Page 12 of 19 — 3/25/2002 FIRST READING OF ORDINANCE NO. 509-579 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF ` THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION BEING A 30 ACRE TRACT AND A 10 ACRE TRACT; BOTH OUT OF SECTION 12, H. T. & B: R.R. CO. SURVEY, A-508, BRAZORIA COUNTY, TEXAS (APPLICATION NO. 1026) (NORTHEAST CORNER OF VETERANS AND BAILEY ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-2) AT THE REQUEST OF E. MAURIS HARDCASTLE, AGENT FOR READ PARTNERS, L.P. AND KITTY L. READ, OWNER, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Tobin Maples, Executive Director of Community Services. Mayor Pro -Tem Marcott made the motion, seconded by Councilmember Owens, to approve Ordinance No. 509-579 (Application No. 1026) on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve Application No. 1026. Councilmember Tetens stated there should be a mix in this area and have more R -1's and not just R -2's. Voting "Aye" Councilmembers Seeger, Marcott, and Owens. Voting "No" Councilmember Tetens. Motion Passed 3 to 1, with Councilmember Wilkins absent. Upon concurrence from the City Attorney, Mayor Reid stated that the following two items would be read and acted upon together. FIRST READING OF ORDINANCE NO. 509-580 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY -OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION BEING 1.26 ACRES, OUT OF 10 ACRE LOT 16, ALLISON RICHEY GULF COAST HOMES SUBDIVISION, SECTION 21, A-309, AS RECORDED IN VOLUME 2, PAGE 23-24, PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 1024) (3030 NAVARRO) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO ESTATE LOT SINGLE FAMILY DISTRICT (RE) AT THE REQUEST OF JOHN AND WENSDAY STANLEY, OWNERS, Page 13 of 19 — 3/25/2002 PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Tobin Maples, Executive Director of Community Services. FIRST READING OF ORDINANCE NO. 509-581 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION BEING .927 ACRES, BEING A PART OF THE SOUTH 1/20F LOT 42, ALLISON RICHEY GULF COAST HOME CO.'S SUBDIVISION, SECTION 8, H. T. & B. R.R. CO. SURVEY, A-504, ACCORDING TO THE MAP OF RECORD IN VOLUME 2, PAGES 23-24, PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 1025) (2426 GARDEN ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO ESTATE LOT SINGLE FAMILY DISTRICT (RE) AT THE REQUEST OF DENNIS J. WERNER, OWNER, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Tobin Maples, Executive Director of Community Services. Councilmember Seeger moved for the adoption of Ordinance No. 509-580 and Ordinance No. 509-581 on their first of two readings. The motion was seconded by Councilmember Owens. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve Application Nos. 1024 and 1025. Voting "Aye" Councilmembers Tetens, Owens, Marcott, and Seeger. Voting "No" None. Motion Passed 4 to 0, with Councilmember Wilkins absent. FIRST READING OF ORDINANCE NO. 943-5 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING FIGURE 7.2, THOROUGHFARE PLAN, OF THE CITY'S COMPREHENSIVE PLAN AS A GUIDE FOR PROPER DEVELOPMENT OF AN INTEGRATED TRANSPORTATION SYSTEM IN PEARLAND; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE AND FOR CODIFICATION. Mr. Tobin Maples, Executive Director of Community Services. Councilmember Tetens made the motion, seconded by Councilmember Seeger, to approve Ordinance No. 943-5 as amended. Page 14 of 19 — 3/25/2002 City Manager, Bill Eisen, stated that this was brought to Council at the last Council meeting. Concerns were voiced regarding some of the proposed changes. As a result, Council voted to deny the entire issue and have it brought back at a later date. There are some differing points of view by Council on some of these issues and it might be appropriate for City Council to decide these items on an individual basis, which would give Staff the instruction they need to make sure the second reading of this ordinance will include those items. Voting "Aye" Councilmembers Seeger, Marcott, Owens, and Tetens. Voting "No" None. Motion Passed 4 to 0, with Councilmember Wilkins absent. Mayor Pro -Tem Marcott made the motion, seconded by Tetens, to amend County Road 94 to leave it the same as it is today with a 100 foot right-of-way except for the last 500 feet as it intersects with Hughes Ranch Road and the last 500 feet should be a 120 foot right-of- way. Voting "Aye" Councilmembers Tetens, Owens, Marcott, and Seeger. Voting "No" None. Motion Passed 4 to 0, with Councilmember Wilkins absent. Mayor Pro -Tem Marcott made the motion, seconded by Owens, to amend to stick with the current Thoroughfare Plan recommendation regarding County Road 403. Discussion ensued between Council and Staff regarding this amendment. Voting "Aye" Councilmembers Tetens, Owens, Marcott, and Seeger. Voting "No" None. Motion Passed 4 to 0, with Councilmember Wilkins absent. COUNCILACTION - RESOLUTION NO. R2002-46 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO AN ENGINEERING CONTRACT WITH LAN ENGINEERING FOR ENGINEERING SERVICES ASSOCIATED WITH THE DIXIE FARM ROAD STORM SEWER INSTALLATION PROJECT. Mr. Alan Mueller, Deputy City Manager. Page 15 of 19 — 3/25/2002 Councilmember Owens made the motion, seconded by Councilmember Tetens, to. approve Resolution No. R2002-46. City Manager, Bill Eisen, stated that due to concerns from the Brio Community Advisory Group they would like to convey a wider drainage easement so that wider shallow ditches could be built and avoid the need for storm sewer. They suggested they do the earthwork required. The construction phase services for this contract with LAN Engineering can be eliminated since Brio will be constructing the improvements. Deputy City Manager, Alan Mueller, stated this was approved by the Citizens Advisory Committee because it minimizes any excavation that has to be done. There was further discussion between Council and Staff regarding the details of this contract. Voting "Aye" Councilmembers Tetens, Owens, Marcott, and Seeger. Voting "No" None. Motion Passed 4 to 0, with Councilmember Wilkins absent. COUNCILACTION - RESOLUTION NO. R2002-51 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR THE CONSTRUCTION OF AN ADDITION TO THE ANIMAL CONTROL SHELTER. Mr. Gordon Island, Purchasing Officer. Mayor Pro -Tem Marcott made the motion, seconded by Councilmember Owens, to approve Resolution No. R2002-51. City Manager, Bill Eisen, stated this is a bid for construction of the expansion of the Animal Control Shelter for the City of Pearland. The time for completion is 150 days. Discussion ensued between Council and Director of Community Development, Gene Tumlinson, regarding the design of the expansion of the Animal Control Shelter. Voting "Aye" Councilmembers Seeger, Marcott, Owens, and Tetens. Voting "No" None Motion Passed 4 to 0, with Councilmember Wilkins absent. CONSIDERATION AND POSSIBLE ACTION - REGARDING APPOINTMENTS OR REAPPOINTMENTS TO THE PLANNING AND ZONING COMMISSION. Mr. Bill Eisen, City Manager. Page 16 of 19 — 3/25/2002 Councilmember Tetens made the motion, seconded by Councilmember Owens, to table this item until the next agenda. Charles Viktorin, 2905 Smith Road, addressed Council and stated he is the Chairman of Pearland's Planning and Zoning Commission and has been honored to do so. Voting "Aye" Councilmembers Seeger, Marcott, Owens, and Tetens. Voting "No" None. Motion Passed 4 to 0, with Councilmember Wilkins absent. CONSIDERATION AND POSSIBLE ACTION - REGARDING AN APPLICATION FROM ABELIO RIOS TO MOVE A HOUSE INTO THE CITY LIMITS OF PEARLAND TO BE LOCATED ON SCOTT ROAD. Mr. Gene Tumlinson, Director of Community Development. Councilmember Tetens made the motion, seconded by Councilmember Seeger, to approve this application. City Manager, Bill Eisen, stated the proposed site where the house would be moved is approximately one third of an acre located on Scott Road. This house would have to comply with all City codes and ordinances. Brief discussion ensued between Council and Director of Community Development, Gene Tumlinson, regarding the site location and the house to be moved. Voting "Aye" Councilmembers Tetens, Owens, Marcott, and Seeger. Voting "No" None. Motion Passed 4 to 0, with Councilmember Wilkins absent. CONSIDERATION AND POSSIBLE ACTION - REGARDING AN APPLICATION FROM HILDA GONZALES TO MOVE A HOUSE INTO THE CITY LIMITS OF PEARLAND TO BE LOCATED AT 4712 COMAL. Mr. Gene Tumlinson, Director of Community Development. Councilmember Owens made the motion, seconded by Mayor Pro -Tem Marcott, to approve this application. City Manager, Bill Eisen, stated the proposed site where the house would be moved is located on Comal Road. This house would have to comply with all City codes and ordinances. Page 17 of 19 — 3/25/2002 Brief discussion ensued between Council and Director of Community Development, Gene Tumlinson, regarding the design of the house to be moved. Voting "Aye" Councilmembers Seeger, Marcott, Owens, and Tetens. Voting "No" None. Motion Passed 4 to 0, with Councilmember Wilkins absent. OTHER BUSINESS: Council adjourned into Executive Session under Texas Government Code at 9:20 p.m. to discuss the following: EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE 1. SECTION 551.072 - DISCUSSION WITH CITY ATTORNEY REGARDING THE ACQUISITION OF LAND FROM THE PEARLAND INDEPENDENT SCHOOL DISTRICT. Mr. Darrin Coker, City Attorney. 2. SECTION 551.074 - PERSONNEL - ANNUAL EVALUATION OF THE CITY ATTORNEY. City Council. 3. SECTION 551.071 - DISCUSSION WITH- CITY ATTORNEY REGARDING THE CITY'S PURCHASE OF A CERTIFICATE OF CONVENIENCE AND NECESSITY. Mr. Darrin Coker, City Attorney. NEW BUSINESS (CONTINUED): Council returned from Executive Session at 11:05 p.m. CONSIDERATION AND POSSIBLE ACTION - DIRECTION TO STAFF REGARDING THE ACQUISITION OF LAND FROM THE PEARLAND INDEPENDENT SCHOOL DISTRICT. Mr. Darrin Coker, City Attorney. Mayor Pro -Tem Marcott made the motion, seconded by Councilmember Owens,- to authorize City Staff to negotiate the purchase of right-of-way from Pearland Independent School District in accordance with the terms discussed in Executive Session. Voting "Aye" Councilmembers Tetens, Owens, Marcott, and Seeger. Voting "No" None. Page 18 of 19 — 3/25/2002 Motion Passed 4 to 0, with Councilmember Wilkins absent. Councilmember Tetens made the motion, seconded by Mayor Pro -Tem Marcott, to authorize City Staff to negotiate the purchase of a drainage easement from Pearland Independent School District in accordance with the terms discussed in Executive Session. Voting "Aye" Councilmembers Seeger, Marcott, Owens, and Tetens. Voting "No" None. Motion Passed 4 to 0, with Councilmember Wilkins absent. CONSIDERATION AND POSSIBLE ACTION - REGARDING THE ANNUAL EVALUATION OF THE CITY ATTORNEY. City Council, No Council action taken. CONSIDERATION AND POSSIBLE ACTION - REGARDING THE CITY'S PURCHASE OF A CERTIFICATE OF CONVENIENCE AND NECESSITY. Mr. Darrin Coker, City Attorney. No Council action taken. ADJOURNMENT Meeting was adjourned at 11:07 p.m. Minutes approved as submitted and/or corrected this the 8 day of Apri 1 , 2002. r- 7 Tom eid Mayor ATTEST: Page 19 of 19 — 3/25/2002